In search of a model code provision for complicity and common purpose in Australia

Hemming, Andrew (2011) In search of a model code provision for complicity and common purpose in Australia. University of Tasmania Law Review, 30 (1). pp. 53-89. ISSN 0082-2108

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Abstract

The purpose of this article is to identify the 'best practice' statutory provision for complicity and common purpose in Australia. The chosen vehicle is the Criminal Code 1983 (NT) because the Northern Territory Government’s decision to incorporate Chapter 2 of the Criminal Code 1995 (Cth), as Part IIAA of the Criminal Code 1983 (NT), affords a comparison between the new s43BG and the old s8, which contains a subjective focus on foresight and the reversal of the onus of proof. This means that two separate but mutually exclusive provisions operate side by side, depending on whether the particular offence is in Schedule 1 or not. Such a comparison also provides a timely opportunity to contrast both provisions in the Criminal Code 1983 (NT) with the equivalent sections in the Griffith Codes. This article is a defence of the original reverse onus of proof provisions for common purpose contained in ss 8 to 10 of the Criminal Code 1983 (NT), which is justified on public policy grounds as the law is particularly hostile to criminal groups. The contrary arguments, that such a position is an overreach of criminal liability, are clearly addressed.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Authors retain copyright.
Depositing User: Mr Andrew Hemming
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 06 Oct 2011 02:07
Last Modified: 25 Aug 2014 21:42
Uncontrolled Keywords: complicity and common purpose; Criminal Codes; criminal groups; gangs
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
16 Studies in Human Society > 1605 Policy and Administration > 160504 Crime Policy
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940407 Legislation, Civil and Criminal Codes
URI: http://eprints.usq.edu.au/id/eprint/19745

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